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family law

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November 19, 2015

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Are Foreign Prenuptial Agreements Binding in the UAE

If you are a married, processing your marriage certificate in UAE to be recognized is easy like the other normal documents. In order to recognize marriage done outside the UAE, the documents should be legalized in the foreign ministry in the country where it took place then attested in the UAE.

Marriage documents are not fully valid even attested if it falls into a certain circumstances and recognized here in UAE. Examples of these circumstances are marriage between Muslim man and a woman who is not Muslim (Christian or Jewish) and a marriage between Muslim woman to a non-Muslim man.

Nowadays, prenuptial agreements can serve as terms for their rights mostly on properties. However, in UAE prenuptial agreement drafted in other jurisdiction is not likely to enforce by the UAE courts especially related to children. It will be voided or voidable in any terms if it conflicts with the Sharia, public order or morals in the UAE (Article 27 Civil Procedure Law). Any terms in the contract that is conflicting with UAE morals would be void according to Article 3, Civil Procedure.

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